In Hampton, VA; 2010 I broke my finger and went to the nearest facility for treatment. When being discharged, the nurse handed me my paperwork and informed me of the prescription of pain medicine the doctor ordered. After leaving, I went to the pharmacy to fill the medicine. When receiving the Rx, the clerk informed me that the Rx was not mine. There was a different name, birthdate, and address. When hearing this information, I instantly became frustrated. I took the paper from the clerk and proceeded back to the ER. Once arriving, I informed the front desk of the situation and was escorted directly to the back and put ina room to wait for the nurse that handled my injury. I received dozens of apologies from the front desk, the nurse, and the doctor that treated me. They provided me with a dose of the same pain medicine perscribed while I waited for the issue to be handled.
Having a degree in Medical Administration; I should of stated the violation of HIPPA. I just wanted to get my pain medicine and go home. The staff that handled my treatment were neligent. They violated HIPPA. Is there a time frame for suing under these circumstances? If so,do I have a case and how do I start?
With your degree in Medical Administration you should know that there is no private right of action under HIPPA. You may report the error, but you will not be compensated. This was a mistake that caused you no damage other than time. It is my opinion that you have no case where the damages would outweigh the cost of litigation.
Dr. Michael G. Sribnick. Esq. personal injury attorney in Charleston and Columbia, S.C.
Michael G. Sribnick, M.D., J.D., LLC
The answer to this question does not establish an attorney/client relationship nor does it constitute legal advice.
Mistakes happen, and this was most fortunately one without harm.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Malpractice is care and treatment that falls below the standard of care and causes injury. To the extent there was negligence there obviously was not injury--which is a good thing. The law does not typically compensate for what might have happened only for what actually does happen. In addition you do realize you are in a Republican state, right? The chances for a patient truly injured by medical negligence to achieve some modicum of justice is not very favorable--to say the least.
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